LAWS & REGULATIONS
Powers of Security Guards
What Is A Security Guard?
Security guards are generally employed to protect property and people by deterring illegal or inappropriate behaviour and keeping a look out for any potentially unsafe or illegal behaviour before it occurs. They are commonly employed by banks, airports, shopping centres, pubs, night clubs, music festivals and many other venues. They can be employed to investigate or conduct surveillance. They are sometimes known as bouncers or crowd controllers.
Security Guards must be Licensed by WA Police to carry out their work.
Security guards usually wear a distinctive uniform, making them easily recognisable.
What Powers Do Security Guards Have?
Security guards may look similar to police officers, but they do not have the same powers as the Police. They have the following powers:
- The power to prevent you from entering certain places. The owner or manager of any premises can decide who can enter and who cannot enter their premises, even if the premises is open to the public. The security guard acts on behalf of the owner or manager and, accordingly, can decide who may enter the premises. You may be refused entry where:
- Any person with a lawful entitlement to obtain the information
- You are intoxicated and/or behaving in a disorderly manner.
- The premises are too crowded or about to close.
- You look like you are carrying a weapon.
- You look disreputable or likely to cause trouble.
- The power to require you to produce identification in venues that sell alcohol. See our fact sheet on ‘Alcohol laws’ for more information.
- The power to remove you from a premise. If a security guard asks you to leave a premise you must leave. They have the power to escort you from the premises using ‘reasonable’ force. If you refuse to leave when asked, you can be charged with trespassing.
- If you are found trespassing on premises or enclosed land, a security guard can ask you for your name and address. If you refuse or give a false name you can be charged.
- The power to make a citizen’s arrest of any person they reasonably suspect to have committed an offence or to be doing any act that involves or looks like it may involve violence or a breach of the peace. Having made a citizen’s arrest, a security guard may detain you using reasonable force for such time as is reasonably necessary for the Police to arrive. Alternatively, they may take you to a police officer.
Can a security guard or bouncer arrest me?
Security guards and bouncers have no greater arrest powers than an ordinary citizen. They can carry out a citizen’s arrest if they suspect you are committing an offence, including shoplifting or damaging property. They do not have to wait for you to leave a store if they suspect you have stolen something.
Do I have to go with a security guard or bouncer if they ask me to?
Not if they haven’t arrested you. But they can ask you to leave a premises on behalf of the owner, or refuse to let you inside, for a number of reasons. If you don’t leave when they ask you to, you may be trespassing and they can use reasonable force to remove you.
If you are under citizen’s arrest, they can detain you for as long as reasonably necessary for the police to arrive, but can only use reasonable force to do so.
Do I have to give my name or any other details to a security guard or bouncer?
You don’t need to give any details to a security guard or bouncer unless:
- you are trespassing, or
- if an employee of a licensed premises (place that sells or serves alcohol) believes you are under 18.
Anything you tell a security guard or bouncer can be used against you in court.
A licensed premises can also ask you to show ID (eg a driver’s licence) and make a copy when you go into a pub or nightclub.
Can a security guard or bouncer search me or my property?
No, even if there is a sign stating that it is a condition of entry. But if you refuse to let them do a search, they may ask you to leave or refuse entry. Refusing to let a security guard to search your bags before leaving a store might mean a security guard has more reason to suspect you have stolen something, and perform a citizen’s arrest.
What is a banning notice?
Shopping centre management, staff, security guards and bouncers can issue written banning notices to stop you from being in certain private places. This could be an individual shop, a chain or franchise of stores, or an entire shopping centre. They cannot ban you if it breaks anti-discrimination laws, or try to stop you being on public land. You can be charged with an offence if you breach a banning notice.
What is a Prohibition Order?
The police can apply for an order banning you from entering or working at licensed premises. This could be a single place, a type of pub or club, or all licensed premises. Police may apply for a Prohibition Order if you have a history of violent or anti-social behaviour at licensed premises, or because of concerns about involvement with serious and organised crime. You can be charged with an offence if you breach a Prohibition Order.
